Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-26
IMFoR NATION
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AND L0cAToRs
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NH IL TIT II
ES
APPLICATION FOR PATENT

k--- AcltncI Ue WlLn0raun -.
eral Land Once. 'he Gen
An application will be rejected VIM, a..
sutaption OF the premises is erroneous =
cause: % rejected be
First The notice was published witbon,. ~.
knowledge OF the Register.
oecono-Ihe notice was not published !,
cIs,m per ueSiehsted Go published nearest thu
Third-Record title was found ds,so.u.
Fourth-.A previous application had ,...
Maae Ior the same premises, which was WIN
drawn pending Q suit in Court Commence !.
the adverse claimant. oy
An application for patent will be rebate,
When the survey does not accurately de8ns Nv
boundaries OF the claim. e'ae
Where the claim was not lecatad IN
ance with law. sccord-
Where several parties own separate ana A.,
tinct portions of o claim, spplfcstion ~
patent may be made by either for In AZ no.asI y
OF the claim owned by him but where so,ssai
parties own undivided interests IN : nas ~
claim all should join in an application s o.ss
patent. "
A person or association may purch.so !.
many placer locations az the local law adm,,s
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced \,
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries A
Papers sworn to before any person purpor..
ing to act as . deputy for the Register and NJ.
ceiver cannot be recorded as evidences.
In all patents for mining claims situatad
within the interior boundaries of q town ala
Q clause is inserted "excepting and excinains
all w property, rights upon the surface
blocks. streets. alleys or other municipal I'M
provements not belonging 10 the grantee hers.
In, and sll rights necessary or proper 10 ~
occupation, possession and enjoyment Of The
| same"
Publication Of notice must be made n on,,
one newspaper for the period Of 60 days.
/ Notice must be published 10 Consecutive
weeks In weekly newspapers, and in daily
newspapers go days must elapse between NJ
frat and last insertions.
| Where the Register designates the dsily isma
OF Q newspaper fer publication Of notices Of
mining application for patent IL ia not a com.
pliance with law TO change 10 the weekly edi.
ton OF the same paper without authority Of
| the Register.
The existence OF q salt spring on a tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws, A hearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuAble deposits Of slate NAV bs
entered under the mining Acts.
ADVERSE CLAIMS.
i AoNefbc Clhlh1ubb must ul6 q separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once fled.
cannot be Withdrawn, but becomes . part OF the
record.
When an adverse claim has been fled IL can.
not be amended 30 as TO embrace q larger por.
ton Of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
1 nrannr Form AND AlaI d. .ha ..~.o- -. N -
during the period Of publication Of the sppli.
cation for the patent to be effective.
1t ts the duty Of the adverse claimant o
suit in proper form within the re-
CURED time. and IL he trusts The uncertSin
medium OF the United States mail he mW
abide the consequences, should the deg
ensue, through misfortune or accident. ShouA
| the failure to commence suit be the result d
the corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
| wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating The
facts specially, will not be considered In ev1
dence.
An adverse claimant should show q complL
ance with the local laws In recording his claim
and in regard to expenditures. and shall nlet
copy of the original notice OF his location, and
show the nature or extent OF the conhci
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
| original ~locators or the identical parties who
| present the adverse claim.
AaRIcuLruRAL Oh MINERAL LASDs.
Where land is ofIittle. II any value, for sgri
| cultural purposes, but 10 essential to the
proper development OF mining claims, u
| should be disposed Of under the Mining Act.
Where lands containing valuable mineral
| deposits have been included In an agricultural
| entry, said entry will be Cancelled ct any time
| prior to issuance OF patent, upon satisfactory
evidence OF the existence OF such valuable de-
posits. -,
Where valuable deposits Of mineral are dis.
| covered upon a tract after the same las been
en- tered a. agricultural, but before ! stent mas
| been issued, the parties claiming the mine
may make application for patent for SANE =
| and the agricultural entry will be Cancelled 70
that portion Of the land embraced Dy saa
Where mineral deposits are discovered on
| agricultural lands after the patent has peen
issued to an agricultural claimant. they psS'
Agricultural College scrip cannot be
| oeived In payment for claims.
ALIENS.
A foreigner may make q mining location ana
| dispose OF IL. provided he becomes q oi.Isn
l DefOr6 QlbVOeluB VI tho hAihos Al.
| party was not q citizen before disposing OF MS
| claim must be afhrmatively shown.
Locators and intermediate owners, otne'
| than applicants, will not be presumed sLens.
| In the absence Of allegation or objection PRIV
TO issuance Of patent. 49,.
The portion OF Q mining claim sofa Us
| alien cannot be patented while suoh ownci"
an alien; but on his declaration to peccme'
| citizen his right dates back to his purcnao,
aud he may thereupon secure United O'A"'
| patent for his claim.
| CROSS LEDGEs.
Revised Statutes. Section 2.SS6: .ut
Where two or more lodges CROSS OF inte' sra
| each other, priority Of title shall govern, ara
| such prior location shall be entitled 70 ~ insar.
or mineral contained within the spaoeo hsve
section, but the subsequent location snsi ,ntar.
the right Of way through the space o. anisnt
| section for the purpose of the cohve more
| working Of the mine. And where .wvor hall
| veins unite the Oldest or prior loca.Iv nn In.
| take the vein below the point OF unioA'
| Guiding all the space Of intersection
TUNNELS.
There is no authority OF law iof = onatiou
location 5000 by ], 800 feet. A proper
a. the width Of the tunnel for 5,OOo ieet. u,s
There 10 no provision OF law ior pst ~ nm.
| tunnel locations, but lodes uis9ovu : manner
| ming a tunnel may be patented IN
az other lodes. 4rcna, owners to
| ~ A.oA hfipd lode. not pfeVlousy